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Art. 78 Tasks, rights to information and recommendations of the supervisory authority
1 The independent supervisory authority shall oversee the intelligence service activities carried out by the FIS, cantonal executive authorities and third parties and other agencies delegated these tasks by FIS. It shall audit these activities to confirm their legality, expediency and effectiveness. 2 It shall coordinate its activities with parliamentary supervision activities and with other federal and cantonal supervision bodies. 3 It shall inform the DDPS about its activities in an annual report; this report shall be published. 4 It has access to all relevant information and documents and access to all the premises of the subjects of supervision. It may request copies of documents. Within the scope of its supervision activities, it may request information from and may inspect files held by other federal and cantonal agencies, provided this information is related to the cooperation between these agencies and the subjects of supervision. 5 In order to carry out its supervision activities, it may have access to all the information systems and databases of the subjects of supervision; it may also have access to sensitive personal data. It may only store the data thereby obtained until the audit is completed. The controllers concerned must keep a record of access to the various information systems and databases.53 6 The independent supervisory authority shall provide the DDPS with a written report on the results of its audit. It may issue recommendations. 7 The DDPS shall ensure that the recommendations are implemented. If the DDPS rejects a recommendation, it shall submit the same to the Federal Council for a decision. 53 Amended by Annex 1 No II 2 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941). |